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\ . I EXTRA The Atlanta Georgian Itead for Profit—GEORGIAN WANT ADS---Use for Results VOL. XII. NO. 15. ATLANTA, GA., THURSDAY, AUGUST 21, 1913. Copyright, 1906, n f 1 T?V T TQ! PAY NO By The Georgian Co. ^ vAEilx 1 O. MORE EXTRA BOTH SIDES CLOSE IN FRANK TRIAL +•+ +•+ +•+ •Fad* +•+ +•+ +•+ +•+ +•+ 4*#+ +•+ +•+ +•+ +•+ +•+ +•+ +•+ •!••+ •{••+ +•4. +#+ +•+ Prisoner On Stand Again; Case Nears Jury U. S. Envoy Went to President’s Room at Midnight and Forced Retraction, Fans at Ball Game Fight Over When And How to 'Root' Special Cable to The Atlanta Georgian. MEXICO CITY, Aug. 20.—The store of how President Huerta sent an ‘‘ul timatum" to the United States Em bassy Monday night demanding im mediate recognition of Mexico by the United States was told to-day for the first time President Huerta, in replying to the note from President Wilson, offering suggestions for the pacification of Mexico, rejected all President Wil son’s proposals and declared that the Mexican regime must be recognized by the United States within twelve 'hours. The Mexican Ministers knew the • contents of the note, having had a hand in its formation. Acting Foreign Minister Gamboa objected to the ag gressive tone, but War Minister Blan- quet and Minister of the Interior Urrutia thought that the tone of the note was no stronger than the oc casion demanded. Accordingly this note, which had all the qualifications of an Interna tional ultimatum, was transmitted to Charge d'Affalres O’Shaughnessy, of the United States Embassy. Mr. O’Shaughnessy and John Lind, the apeclal envoy from President Wilson, lost no time In breaking the seals. Both were amazed at the tenor of the note, and the truculent threats of war unless the United States recognized Mexico. "I must see President Huerta at once,” declared Mr. Lind. Goes to President’s Room. Despite the fact that the special envoy had not been Invited to the National Palace, being persona non grata to the Mexican Government and In spite of the fact that the hour was nearly midnight, Mr. Lind and Mr. O’Shaughnessy jumped Into an automobile and sped to the National Palace. * Lights were blazing In the presi dential suite so the belated visitors knew that Huerta was at home, but was he “at home” In an official sense to his visitors? That was the Im portant question. Mr. O’Shaughnessy was recognized . by the sentries at the gate, but they turned questioning eyes upon Mr. Lind who stood Impatiently awaiting entrance. "It Is official business; we must enter and see the President,” declared the Charge d'Affalres. After a slight delay the men were permitted to enter the visitors’ cham ber. Almost immediately Huerta en tered. The President had discarded his military uniform and was dressed in civilian attire. Talks Plainly to Huerta. In spite of the infringement on diplomatic usage, Mr. Lind proceeded right away to enter upon his diplo matic work. He told Huerta of the disastrous consequences which must necessarily follow the transmission of the ultimatum to Washington. Bo forcefully did he talk that the hard lines of determination In the old soldier’s face relaxed and he list ened patiently with few Interruptions Huerta got up and paced up and down the room as he replied. He said that he believed the course of the United States would wreck the "Mexican Government, but that hs did not want to plunge his already Im poverished country into War. He finally consenteo to cut out the de mand for recognition from his reply to the Wilson note, although no amount of pursuaslnn could Induce Continued on Page 10, Column 1. Goodloe Yancey, secretary of the State Prison Commission, and widely- known throughout the State, was fined $5.75 by Recorder Pro Tem Preston Wednesday as the result of an outburst of enthusiasm at the ball game Tuesday-, which culminated In a fight In the grandstand between Yan cey and J. W. Ware, an agent for a drug sundries house, who lives at the Imperial Hotel. In court Mr. Yancey, who Is well along in years, declared that Ware had cast reflections on his ability to root Ware, who was sitting two rows down In front of Yancey, said that the Commissioner had struck him first. According to Policeman King, who separated the two, the difficulty arose when Ware declared that the Atlanta team should be placed In the cellar, “Knocker!” shouted the loyal Com missioner. “You are too old to root,” answered Ware. “Go way back and sit down.” Yancey struck Ware and was at tacked by the agent. The two were served with charges and allowed to see the game through, Gainesville Matron Dise in Birmingham GAINESVILLE, FLA., Aug. 20.— The body of Mrs. C. E. Deland, who died at the home of her daughter, Mrs. Thomas Dayton, in Birmingham, was brought here and Interred in the city cemetery. Mrs. Deland for years was prominent in society, church and charity circles. She leaves four children—Mrs. J. N. Willis, of Williston; Miss Bernice De land and Harold Deland, of Gaines ville, and Mrs. Dayton, of Birming ham. SHERBROOKE, QUEBEC, Aug. 20. A writ of habeas corpus in the case of Harry Thaw was granted by Hon. Justice Globensky shortly after 2 DORSEY SNAPPED IN ACTION IN HOT CLASH AT TRIAL SOLICITOR HUGH DORSEY. FMl DENIES IIII El 1 EE Brother of Georgia Congressman Dying SAVANNAH, Aug. 20.—At the homo of his brother, Congressman Charles G. Edwards, in this city, Robert H. Edwards, of Claxton, is lying at the point of death. He was moved there from the Park View San itarium Sunday. Congressman Ed wards is now hastening from Wash ington in response to telegrams. It was stated at the residence to day tf®^ the condition of Mr. Ed wards had not improved and that the end might come at any moment. There lg practically no hope of recovery. Florida Hotel Man Leases in Savannah SAVANNAH, Aug. 20.—The Hotei Geiger, located on Broughton street, to-day came under the management of H. M. Stanford, who is interested in the Tampa Bay Hotel, at Tampa; the Aragon, at Jacksonville, and the hotel at Atlnatic Beach, Fla. John Geiger, retiring lessee, here after will devote his attention to hie theatrical business. The name of the hotel will be changed. Many im provements are contemplated. Engineer Killed as Fly Wheel Bursts BIRMINGHAM, Aug. 20.—A fly wheel going at a very rapid rate burst in the foundry of the Payne & Jou bert Company here to-day, killing A. A. Davis, stationary engineer. The man’s head was mashed to a pulp and both arms practically torn from his body. He was killed instant ly. Considerable damage was done to the plant by the flying Iron and steel. Davis was married. Boy, in Convulsions, Dies From Scalds EUFAULA, Aug. 20.—Harvey Cal houn, aged 3 years, son of Mr. and Mrs. Charles Calhoun, residing south of Eufaula. died to-day as the result of scalds received yesterday after noon in falling in a pall of boiling wa ter, being used by his mother in house cleaning. The child, rendered unconscious, did not move for hours until a series of convulsions started, resulting In his death, ( _ . . o’clock this afternoon, and to-morrow morning at 10 o’clock Thaw' will be brought before the court. At that time arguments as to the merits of the petition for Thaw’s release will be heard. A report from Albany, N. Y., says that the Superintendent of Prisons of that State has been advised by the Consul General at Ottaw'a that Thaw w’lll be deported to Rouse’s Point, N. Y. The report is news to the au thorities here. Thaw has plunged into his fight to keep from being returned to the Mat- teawan Asylum with vigor and confi dence. "Thaw will be discharged from custody,’’ said Mr. Shurtleff. “T am confident that he can not be held.” After the petition for the writ of habeas corpus had been written out, it was taken to the old stone Jail on a hilltop overlooking the St. Fran cis River, Where Thaw sw'ore to the truth of the allegations. Carnegie Fails to Arriv®. The principal reason for the con tinuation of the arguments until to morrow was the failure of Mr. and Mrs. George Lauder Carnegie to ar rive on schedule time. Counsel representing Thaw was augmented by the retention of Charles D. White, of Sherbrooke. All Thaw’s attorneys seem confident that he will be freed. They claim that Thaw had in his possession a rail road ticket for Detroit, Mich., de spite the fact that he was headed to ward the coast when caught. Thaw was examined by Dr. Noel, the prison physician, after he arose. The fugitive seemed to be in fine physical condition. Thaw did not have any ready cash to-day and made a “touch” from the jailer in order to purchase some fresh clothing. A great majority of stores closed so that the employees could have an opportunity to see the prisoner on his way to the courthouse. Every where were heard comments and ex pressions of sympathy with Thaw Fully 1,500 people crowded into the courtroom before court convened. The women were attractively gowned. They showed great interest in the case. The sympathy of every one in the room apparently was with Thaw. It is believed here that if Thaw is released on a writ of habeas corpus he probablv will be rearrested at nr.r-e on some other charge. Indications are that he will be detained here the balance of this week. In fact, It is a certainty that the case will be def initely decided here and that action of no kind will be taken elsewhere. Since Thaw was arrested yesterday CYCLE RACER McNEIL SUCCUMBS TO HURTS Jock McNeil, km vn in the sporting world as one of the gamest and clean est motorcycle racers who ever cir cled a saucer track, died early Wed nesday morning at the Grady Hospi tal of injuries received Monday aft ernoon in practice at Jack Prince’s Dforre. McNeil never recovered con sciousness after his fall. The little Scotchman probably was the most popular rider who ever ap peared in Atlanta. His riding war a revelation to those unfamiliar with the game. He brought to his work a strange mingling of Scotch shrewd ness and hardy courage, and a won derful dash and abandon that seemed to bespeak a warm-blooded Latin strain In his ancestry. He was more than a merely brilliant rider; he was really a “speed marvel.” The lnjufv that caused his death was the result of thl?» strange enthu siasm. At the suggestion of some of his admirers, he was “riding the white” in practice—sending his pow erful J. A, P. flyer by sneer speed up above the banked turns of the ’drome, until it was hanging, fly-like, to the vertical white' rim that topped the bank, su?»tained by nothing but the centrifugal force attained by a frightful velocity of 90 miles an hour.. The rim, not intended to withstand such a strain, yielded, and Jock and his great machine hurtled diagonally from the break to the bot tom of the track. Count and Marquis Wounded in a Duel Special Cable to The Atlanta Georgian. BUDAPEST, Auk. 20.—Count Tis za, president of the Hungarian Cham ber of Deputies, and Marquis Palla- vlncl, the Austro-Hungarian Ambas sador to Turkey, were both wounded during a duel here to-day. The men fought fiercely with heavy cavalry sabers, both receiving deep gashes on the arms and body. After the duel a reconciliation was effected. Continued on Page 10, Column 3. MOTOR TO CANADA AND RETURN COLUMBUS, Aug. 20.—Mr. and Mrs. J. A. Ellison, of Hurtsboro, Ala., passed through Columbus en route home from a motor trip to points ot interest in Canada. Mr. Ellison is president of the Bank of Hurtsboro. They made the trip to Canada anu re turn without an accident. 22,000-Foot Peak in Himalayas Scaled Special Cable to The Atlanta Georgian. TURIN, ITALY, Aug. 20.—Mount Numham, 22,000 feet high, and one of the loftiest pekkn in the Himalaya Mountains, has been scaled. Word was received here to-day that Marion Riacenza, an Italian explorer, reached the summit. YOUNG MEN NAME TICKET. MACON, Aug. 20.—The names of the candidates for Aldermen on the “Young Men’s” ticket, which has Wallace Miller as its candidate for Mayor, were made public this after noon by the Miller campaign commit tee. The ticket contains twelve pro gressive young business men. ORDERS LIQUOR DESTROYED. OUNTLR8VILLE. ALA., Aug. 20.— Justice Wright, of Marshal! County, sitting here, has ordered the destruc tion of 100 gallop of whisky and a large cargo of t/.er seized from the steumer John Ross, on the Tennes- River, The end of the trial of Leo M. Frank, except for the arguments, came at 6:14 Wednesday afternoon. The State closed its case at 4:10, and as soon as certain pieces of documentary evidence had been submitted by Solicitor Dorsey the de fense began its brief sur-rebuttal. The arguments will begin at 9 o’clock Thursday morning. Judge Roan said that he did not propose to cut the attorneys in the length of their speeches. So much evidence has been submitted that the judge did not think the attorneys should be bound. Frank took the stand just before adjournment, and made a statement in rebuttal of several of the charges of improper conduct that had been made against him in the State s rebuttal. He made positive denial that he ever had gone into the dressing room on the fourth floor with Miss Rebecca Carson, a forelady, defending her character, and asserted again that he did not know Mary Pha- gan by name. "The statement of that Turner boy is false,” he declared. "The testimony of two young women that they heard me call Mary Phagan by her first name is a mistake. I did not know her name, and could not have called her either ‘Mary’ or ‘Miss Phagan. ‘ ‘ I may have spoken to her. I speak to most of the employees. "The statement that I entered the dressing room with Miss Rebecca Carson is utterly false. It is unfair to the young lady. So far as I know, she is a young woman of unblemished character. The strong probability Wednesday night was that Frank’s fate would be In the hands of the jurors late Thursday or some time during Friday’s session. The close of the State’s case was marked by a severe grilling of Detective J. V. Starnes by Attorney Rosser. The lawyer tried to make it appear that Starnes had kept Minola McKnight locked up and had given her the third degree until she finally had signed the affidavit incriminating Frank in order to obtain her release. Dorsey put in evidence statements of Miss Hattie Hall, Wade Campbell, Minola McKnight and other of the defense’s witnesses who had sworn differently on the stand than they had at the Coroner’s inquest or at his office. The State finished the submission of its documentary evidence at 4:60 o'clock and the defense called for T. Y. Brent, who said he had heard Conductor Kenley, a State’s witness, villify Frank. Harry Scott, Pinkerton detective, was recalled in an attack on Frank’s own story, at the afternoon session Wednesday. W. T. Dobbs, a member of the city fire department, directly contradicted W, M. Matthews, one of the defense’s witnesses and motorman of the car on which Mary Phagan came to town April 26, in the course of his testimony. Dobbs testified that he saw Matthews about three days after the crime and that Matthews told him that Mary Phagan had rid den with him that day, that she got off at Marietta and Forsyth streets, and that the Epps boy was with her. Matthews testified when on the stand that the Phagan girl did not get off at Marietta and Forsyth streets, but rode on to Broad and Hunter streets, and that he did not see the Epps boy with her. L. S. Kendrick, who was night watchman at the pencil factory before Newt Lee was engaged, testified that he had gone to the factory frequently on Saturday afternoons and on occasions had seen Jim Conley as well as other negroes hanging around on the first floor. Kendrick also said he had run a tape through the time clock since the murder, making a record upon it, and that it had required only three or four minutes to do it. The tape was placed in evidence. Ivy Jones, a negro driver, tes tified to seeing Jim Conley be tween 1 and 2 o’clock the after noon of the murder. He said that he walked with Conley toward Conley’s home and left him at Hunter and Davis streets. J. D. Reed, a tile layer, was called for the purpose of impeaching the testimony of W. T. Hollis, conductor on the car on which Mary Phagan came to town. Reed said Hollis had told him that Epps had got on the car with the girl and that the two had talked together as though they were sweethearts. Progresses In Attack On Frank's Character. Solicitor Dorsey renewed yiis de' Dr. W. .J McNaughton, convicted of murdering Fred Flanders In Sa vannah three years ago, and sen tenced to be hanged September 5 was granted another respite of one month by Governor Slaton Wednes day morning. It was announced In the office of the Governor to-day that the further respite was granted because the Gov ernor will be away during the next ten days, and will therefore not have sufficient time to consider the case before the date set for the execu tion of the condemned man. All evidence and papers In the case have been in the hands of the State Prison Commission for several weeks, but no action will be taken now. All of September probably will be devoted to considering the case and hearing those who are Interested in It, the recommendation of the board probably will go to the Governor a few days before the date now set for the execution, October 5. DENIED USE OF JAIL. GADSGEN, Aug. 20.—Probate Judge Hcrzberg to-day decided that neither the Salvation Army nor the Volunteers of America should have the abandoned county Jail building as hearquariers. A fight, bordering on open war, developed over possession of the building. NEW ANNISTON INDUSTRY. ANNISTON. Aug. 20.—Another $100,000 Industry was assured for An niston to-day when S. F. Morris and .1. B Carrington announced that the Standard Foundry Company's plant Will he located in the northern part of the city. Work has started on the buildings. FIRST BALE BRINGS 191-2 CTS. GADSDEN, Aug. 20.—The first bale of 1913 cotton wns sold to-day by W. H. Campbell, an Etowah County far mer. to Pickard & Lay. for 19 1-2 cents a pound. termined attack upon the character of Leo M. Frank Wednesday, and for the first time since the testimony of Jim Conley and the Insurance man, Ash ley Jones, was able to make a little progress In the Introduction of this sort of testimony. Having found the opening, the So licitor made the most of his advan tage, and before the noon recess had arrived ten witnesses, most of them young girls, had sworn that Frank's general character was bad and that his moral character was the same. The most sensational bit of testi mony Involved one of the foreladles. Two of the girls who formerly had worked In the factory. Miss Myrtle® Cato and Miss Maggie Griffin, testi fied that they had seen Frank go Into the dressing room on the fourth floor with Miss Rebecca Carson, who was a witness for Frank only a few day® ago. t Miss Cato sad she had seen fhe two go into the dressing room on two occasions. Miss Grain testified 4 Lad